‘Sugar Kills’: Towards a Duty to Warn in Respect of High-Sugar Products?

Abstract

Vytopil explores whether (developments in) the regulatory framework provide for a duty to warn regarding the health risks associated with the (excessive) consumption of sugar-rich products such as soft drinks and sweets, simiar to the duty to warn the consumer in respect of health risks associated with tobacco. Vytopil concludes that despite the undeniable health risks associated with (excessive) consumption of sugar-rich products, the parallel between sugar-rich products and tobacco only carries so far. This is mainly because both the Dutch government and the EU assume a restrained regulatory role with regard to warnings in respect of unhealthy food. Consumers could be better informed about the health risks associated with consumption of sugar-rich products, if the Dutch government would make better use of its options for regulation. In that case, a transparent, graphic system of information provision would be preferable.

Keywords: duty to warn, health, sugar, tobacco, regulatory framework